Kum. Prashant Dileep Vitmal v. Maharashtra State Road Transport Corporation

Manoj 911-IA-8198-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8198 OF 2025 IN FIRST APPEAL (ST) NO.31652 OF 2024 Prashant Dileep Vitmal ...Applicant

IN THE MATTER BETWEEN

Maharashtra State Road Transport Corporation, Through The Divisional Controller, Mumbai ...Appellant V/s.

Kum. Prashant Dileep Vitmal

...Respondent

Mr. D. D. Rananaware, for the Appellant.

Mr. Sarvesh Deshpande i/by Mr. Bharat Gadhavi, for the Respondent and for Applicant in IA/8198/2025.

CORAM : SHYAM C. CHANDAK, J.

DATED : 08th MAY, 2025 P.C. :- .

Heard.

2) Present Application filed by the original Claimant seeking withdrawal of entire amount of Award alongwith interest. 3) Mr. Rananaware, learned Advocate for the Appellant opposed the Application on the ground that there is contradictory evidence about the fracture sustained by the Applicant.

4) However, the Tribunal held that the Applicant has sustained 20% partial permanent disability. The ST bus was held responsible for the accident.

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Manoj 911-IA-8198-2025.doc 5) In view thereof, the Applicant is permitted to withdraw Rs.1,50,000/- from the Award amount alongwith proportionate interest subject to furnishing usual undertaking that in case the Appellant succeeds in this Appeal, the Applicant shall refund the said amount alongwith interest as would be directed by this Court. The Tribunal shall invest remaining amount with nationalized bank giving highest interest from time to time.

6) Application stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) by PREETI HEERO JAYANI Date: 2025.05.13 13:52:16 +0530 2/2